Commercial Human Spaceflights: Legal Challenges for International Regulation

Commercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to b...

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Main Authors: V. Kumar, K. D. Raju, S. R. Subramanian
Format: Article
Language:English
Published: Publshing House V.Ема 2021-10-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/541
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author V. Kumar
K. D. Raju
S. R. Subramanian
author_facet V. Kumar
K. D. Raju
S. R. Subramanian
author_sort V. Kumar
collection DOAJ
description Commercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger affects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details specifically on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceflights, part three identifies several legal challenges that are not sufficiently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the fifth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.
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spelling doaj-art-c9f4d0749ec94e9b93847fa0941997b72025-08-20T03:40:06ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432021-10-018317222310.21684/2412-2343-2021-8-3-172-223202Commercial Human Spaceflights: Legal Challenges for International RegulationV. Kumar0K. D. Raju1S. R. Subramanian2REVA UniversityRajiv Gandhi School of Intellectual Property Law, Indian Institute of TechnologyRajiv Gandhi School of Intellectual Property Law, Indian Institute of TechnologyCommercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger affects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details specifically on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceflights, part three identifies several legal challenges that are not sufficiently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the fifth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.https://www.bricslawjournal.com/jour/article/view/541internationalcommercial human spaceflightspace treatiesicaounited nations (un)
spellingShingle V. Kumar
K. D. Raju
S. R. Subramanian
Commercial Human Spaceflights: Legal Challenges for International Regulation
BRICS Law Journal
international
commercial human spaceflight
space treaties
icao
united nations (un)
title Commercial Human Spaceflights: Legal Challenges for International Regulation
title_full Commercial Human Spaceflights: Legal Challenges for International Regulation
title_fullStr Commercial Human Spaceflights: Legal Challenges for International Regulation
title_full_unstemmed Commercial Human Spaceflights: Legal Challenges for International Regulation
title_short Commercial Human Spaceflights: Legal Challenges for International Regulation
title_sort commercial human spaceflights legal challenges for international regulation
topic international
commercial human spaceflight
space treaties
icao
united nations (un)
url https://www.bricslawjournal.com/jour/article/view/541
work_keys_str_mv AT vkumar commercialhumanspaceflightslegalchallengesforinternationalregulation
AT kdraju commercialhumanspaceflightslegalchallengesforinternationalregulation
AT srsubramanian commercialhumanspaceflightslegalchallengesforinternationalregulation